- Scope of application
1.1. These General Terms and Conditions of Business (hereinafter referred to as “GTC”) apply to services of the Hotel Ulli Gesellschaft m. b. H. (Commercial Register number 170770h, Commercial Register Court Feldkirch) Haus NR 264, 6763 Zürs, Austria (jointly and each for itself hereinafter referred to as “Hotel Ulli”) with regard to the hotel guest, the event organizer and other Contractual Partners (hereinafter referred to as “Contractual Partner”). The services concern in particular accommodation in return for payment and leasing of premises (for example, for seminars, conferences or celebrations) and other events, as well as the sale of meals and beverages, and all other services of Hotel Ulli.
1.2. The Contractual Partner undertakes to comply with these conditions as well as all commercial laws or other regulations applicable to it. The General Terms and Conditions of the Contractual Partner do not apply, even if Hotel Ulli does not expressly object to this. Any counter-statements of the Contractual Partner with reference to his general terms and conditions of business are hereby expressly rejected.
1.3. For all provisions not governed by these General Terms and Conditions of Business, the General Terms and Conditions of Business for the Hotel Industry of 2006 as amended are also applicable.
1.4. It is determined that Hotel Ulli will only perform in-house hotel services and, if necessary, any outsourced third-party services (such as ski school, ski instructor, ski or mountain guide, excursions, transport services, reservations in restaurants, etc.) are purely to be considered as associated services and therefore the application of package travel regulations is excluded in accordance with § 2 para. 2(2) and (3) of the PRG (Pauschalreisegesetz [Austrian Package Travel Act]).
2. Contract conclusion, prices, general provisions
2.1. The booking is guaranteed upon receipt of the deposit in the amount of 30% of the total price or the debit of a specified credit card. All reservations, changes and cancellations must be made in writing; electronic transmissions are also permitted for this purpose.
2.2. All prices are specified in euro. The prices quoted are, unless otherwise specified in detail, inclusive of all taxes and fees, as specified in current price lists or individually agreed. Any changes in price due to taxes and fees shall be borne by the Contractual Partner. New government levies (whatever they may be) are added to the contract prices.
2.3. Hotel Ulli is entitled to provide the actual accommodation services in an equivalent hotel operation.
3. Cancellation of overnight stays
3.1. If no regulations were agreed to the contrary in the booking agreement or otherwise confirmed in the reservation confirmation, the following cancellation conditions are deemed to be agreed:
- for cancellation of the booking, for any reason, up to 6 weeks prior to the arrival date no cancellation fees will be charged
- for cancellation up to 1 week prior to the arrival date: 70% of the gross price
- for cancellation in the week prior to the arrival date: 90% of the gross price
- in the event of a no-show/cancellation on the arrival date: 100% of the gross price
3.2. The cancellation fee is billed immediately after the cancellation occurs and will be withheld from any advance payments; any leftover amount will be transferred to the account data provided at the expense of the Contractual Partner. If credit card data is stored as security, the Contractual Partner hereby explicitly agrees to Hotel Ulli charging the card within the scope specified above under.
3.3. If the Party is unable to arrive at the accommodating establishment on the day of arrival due to unforeseeable extraordinary circumstances (which are not within the sphere of influence of the Party) in the sense of force majeure (e.g. roadblocks, floods, etc.), the Party shall not be obliged to pay the agreed fee for the days of arrival. The obligation to pay for the booked stay shall be revived from the time of arrival if the arrival becomes possible again within three days.
3.4. If the Party is unable to leave the accommodating establishment on the day of departure because all departure options are blocked or unusable due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, roadblocks, quarantine, floods, etc.), the accommodation agreement shall be automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period shall only be possible if the Party is unable to fully use the services offered by the accommodating establishment due to the extraordinary weather conditions. The Proprietor shall be entitled to demand at least the fee that corresponds to the price usually charged in the low season.
4. Liability of Hotel Ulli
4.1. Hotel Ulli’s liability for valuables brought by hotel guests (such as images, cash, etc.) is limited to a maximum of the liability insurance sum of Hotel Ulli. Items for personal use satisfying various material and cultural needs are not considered to be valuables although they may have a high value (e.g., photographic devices, video cameras, CD players, fur coats, mobile phones, tablets, notebooks, eReaders and similar). These items must not be compensated by Hotel Ulli.
4.2. However, valuables and cash can be deposited either in the room safe or free of charge in the safe of Hotel Ulli subject to spare capacity. For cash and jewelry that can be verified as stored in the room safe, there is a maximum liability amount of EUR 3,600.00 and for cash and jewelry brought to the hotel safe (reception) a maximum liability of EUR 20,000.00.
4.3. Any items of the Contractual Partner that are left behind will, if visibly exceeding a value of EUR 10.00, only be sent on upon request within 14 days after the stay at the request, risk and expense of the Contractual Partner. Then the items, if there is no recognizable value, will be handed in to the lost property office or disposed of.
4.4. Standard Internet usage is available in the hotel and in the event area free of charge. Any breakdown or failure of the management does not constitute grounds to reduce the bill nor any basis for liability of any kind with regard to Hotel Ulli.
4.5. Hotel Ulli assumes no liability for accidents at events. In general, Hotel Ulli is not liable towards consumers with the exception of personal injury in the event of minor negligence. In general, Hotel Ulli is liable towards companies only in the case of gross negligence and intent, whereby the burden of proof lies with the company and consequential damages, intangible losses and lost profits will on no account be compensated.
4.6. Hotel Ulli is not liable if the Contractual Partner, its employees, agents, visitors or guests lose items during or in connection with events; this also applies to theft. Insurance policies (for losses due to theft, break-in and fire) must be concluded by the event organizer itself. The Contractual Partner may store valuable items, baggage or money in the rooms assigned or in the safe by handing over to Hotel Ulli. In this case, Hotel Ulli’s liability is limited to a maximum of the liability insurance sum of Hotel Ulli.
4.7. For valuables brought onto the premises, not handed over to Hotel Ulli, no liability is assumed. The Contractual Partner must ensure sufficient insurance for bringing its own items of value.
4.8. Any claims of the Contractual Partner against Hotel Ulli must be asserted in writing within 6 months after the end of the event, otherwise they are deemed to have lapsed.
5.1. Hotel Ulli’s rooms and areas are made available according to the booking agreements concluded. Any complaints against Hotel Ulli for defects must be made by the Contractual Partner in the event of any other waiver of their assertion upon delivery of the object of the contract. Small, technical-related discrepancies as well as discrepancies in color shades (for decor, etc.) are not considered a defect. Changes to technical systems, fixtures and furniture, or switching of items, may only occur with the written consent of Hotel Ulli and at the expense of the Contractual Partner.
5.2. The organizer is not entitled to pass on the premises provided to it in whole or in part (also not in terms of time) to third parties in whatever form (for example, by sub-letting or as part of an event booked by it) without the prior written consent of Hotel Ulli.
5.3. Hotel Ulli assumes no liability for technical disruptions, in particular, the Internet connection, interruptions or disruptions in the power supply (electricity, water), or for operating disruptions of any kind.
5.4. Official enforcement agencies, public officials as well as employees and representatives of Hotel Ulli must be granted access to the rooms and areas at all times.
5.5. All advertising measures of the contractual partner are to be approved in writing by Hotel Ulli, as far as Hotel Ulli is mentioned. The use of the hotel name or logo for media, printed matter, etc., is only permitted after prior written approval by Hotel Ulli.
5.6. Equipment and devices that are brought in by the organizer and/or used by the latter at Hotel Ulli must comply with the respective Austrian statutory provisions and be safe to operate.
5.7. The Contractual Partner is obligated to obtain at its own expense all necessary and prescribed approvals and permits and to submit them to Hotel Ulli prior to the start of an event. The Contractual Partner shall exempt and hold harmless Hotel Ulli with regard to all damages, in particular penalties/administrative penalties, copyright claims of third parties that stem from non-compliance with commercial law and any other provisions, particularly, from the non-payment of fees. This applies in particular to events at which music is played.
5.8. The Contractual Partner requires express approval by Hotel Sacher to bring in food and beverages and other goods. Any costs incurred (such as corkage, use of crockery, waste disposal fees) will be invoiced separately by Hotel Sacher.
5.9. The Contractual Partner or its authorized representatives must ensure its presence or that of an authorized person for the period of use of the event rooms.
5.10. The Contractual Partner bears the risk of the event carried out by it, including its preparation, construction, execution and dismantling. The Contractual Partner is liable for all damages, consequential damages and losses that are caused by it, persons employed by it, by its agents (subcontractors), by its authorized representatives and by its visitors and guests. This applies in particular to damages to the building and inventory as a result of the event, to damage when bringing items in, when performing installation and dismantling work and to all consequences resulting from exceeding the agreed maximum number of visitors. If necessary, Hotel Ulli will demand that suitable insurance policies are concluded by the organizer.
6. Withdrawal / Termination / Illness / Death
6.1. Hotel Ulli is, notwithstanding its owed fees, entitled to terminate the contractual relationship at any time and without giving reasons, if:
6.1.1. the Contractual Partner does make a payment due despite a grace period granted for 3 days;
6.1.2. insolvency proceedings have been launched regarding the assets of the Contracting Party or rejected for lack of cost-covering assets;
6.1.3. the smooth running of business operations or the security of the hotel or its guests is jeopardized by the Contractual Partner;
6.1.4. any necessary official permits are not submitted or the event is prohibited by regulatory authorities;
6.1.5. performance of the contract is not possible due to force majeure, strike or other circumstances for which Hotel Ulli is not responsible;
6.1.6. events are booked with misleading or incorrect information or facts that are material to the contract are concealed; the identity of the Contractual Partner or its guests, its ability to pay or the purpose of the event may be material to the contract;
6.1.7. Hotel Ulli has reasonable grounds to suspect that the event may jeopardize the smooth running of business operations, the security or the reputation of Hotel Ulli in the public domain without this being in the control or organizational remit of Hotel Ulli;
6.1.8. the purpose or the occasion of the event is unlawful
6.1.9. the contracting party is afflicted with a contagious disease or a disease that extends beyond the period of accommodation or otherwise becomes in need of care.
6.2. In the event of withdrawal from the contract by Hotel Ulli for the aforementioned reasons, the Contractual Partner is obligated to provide compensation for damages including lost profit. Hotel Ulli’s liability of any kind is excluded in these cases.
6.3. The accommodation contract ends with the expiration of time. If the Party departs prematurely, the Proprietor shall be entitled to demand the full agreed remuneration. The Proprietor shall deduct what it saves as a result of the non-utilization of its service offer (maximum 15% of the gross price) or what it has received by renting the ordered rooms to other parties. Savings shall only be deemed to have been made if the accommodating establishment is fully occupied at the time of the non-utilization of the rooms ordered by the guest and the room can be rented to additional guests due to the cancellation of the contracting party. The burden of proof of the savings shall be borne by the Contractual Partner. The death of a guest terminates the contract with the accommodation provider.
6.4. If a contracting party falls ill during his stay in the accommodating establishment, Hotel Ulli will arrange for medical care at the contracting party’s request and at the contracting party’s expense. In case of imminent danger, Hotel Ulli will arrange for medical care at the expense of the contract partner. Hotel Ulli has claims for compensation against the contracting partner and his legal successors especially for the following costs: i) outstanding medical costs, costs for ambulance transport, medication and remedies ii) room disinfection that has become necessary, iii) linen, bedding and bed furnishings that have become unusable, otherwise for disinfection iii) restoration of furnishings, carpets, painting, etc., insofar as these costs have been contaminated or damaged in connection with the illness or death, iv) reasonable usage fee for the time the guest room in question cannot be used.
7. Data protection
7.1. Due to the special nature of hotel residence services, storing and forwarding of personal data is essential. The Contractual Partner acknowledges that it will provide Hotel Ulli with personal data, which is required to perform the agreed service, and accepts the transfer of personal data for proper performance of the ordered services to booking platforms, which are used to book tourist services, to service providers, who perform tourist or other services, and to public bodies and authorities for statutory reporting, tax and other legally prescribed purposes.
7.2. If the data transfer of personal data is not performed by the data subject personally, but by other representatives of the Contractual Partner, then the Contractual Partner is obligated to inform the data subject of the transfer to Hotel Ulli and of any transfer of the data by Hotel Ulli to the aforementioned recipient categories. Hotel Ulli will handle this data confidentially in accordance with the relevant data protection provisions and only pass it on to third parties, if this is necessary for the provision of the brokerage service or if the transfer is mandated by legal requirements.
7.3. A detailed description of the common rights and obligations as well as reference to the responsible contact persons for queries regarding data protection can be found in the Data Protection Declaration.
8. General information
8.1. Smoking is only permitted in the buildings of Hotel Ulli in the areas that are marked as such accordingly. In the event of violation, a claim for cleaning and, if the affected rooms cannot be used or rented out, for the associated loss of earnings shall be asserted.
8.2. Animals (pets) may only be brought to the accommodating establishment with the prior consent of Hotel Ulli and, if necessary, for a special fee.
The contract partner who takes an animal with him is obliged to keep and supervise this pet properly during his stay or to have it kept or supervised by a suitable third party at his expense.
The contract partner who takes an animal with him has to dispose of an appropriate animal liability insurance or a private liability insurance, which also covers possible damages caused by animals.
The contract partner is liable to Hotel Ulli for the damage caused by animals brought along. The damage includes in particular also those compensations of Hotel Ulli, which Hotel Ulli has to provide to third parties.
8.3. The place of performance and payment is 6763 Zürs am Arlberg. Austrian law is applicable excluding any and all principles on conflicts of law. The exclusive place of jurisdiction is 6763 Zürs am Arlberg.
8.4. Any transfer of rights from the contractual relationship of the Contractual Partner with Hotel Ulli, whether gainful or not, requires the express, written consent of Hotel Ulli.
8.5. Changes must be made in writing to be valid; verbal side agreements will only become effective following written confirmation by Hotel Ulli.
8.6. If individual provisions of these General Terms and Conditions are invalid or become invalid, this does not affect the validity of the remaining provisions. Hotel Ulli and the Contractual Partner shall replace the invalid provision immediately with a provision that resembles as closely as possible the intended purpose and economic significance.
8.7. Hotel Ulli is entitled to cancel and change bookings and will assume the additional costs charged by the alternative accommodation provider only if these must be attributable to the sphere of Hotel Ulli. Special requests and additional costs instigated by the customer will not be assumed by Hotel Ulli and must be borne by the customer.